Abstract

A country's scientific and technical innovation and patent system interdepend on each other as well as supporting each other.A favorable patent system is considered as the“lifeline”for the development of scientific and technical innovation in a country.In the era of knowledge economy，a new round of development in the revolution of science and technology and the industrial revolution brings both development opportunities and tremendous challenges to patent system.Patent hold-up，as the by-product of patent system，causes serious damages to scientific and technological innovation，market competition and welfare of the public，as well as intensifies patent crisis，undermines the foundation of patent system and breaks benefit balance mechanism.It needs to be rectified.Law is one of important means for the rectification of patent hold-up.With the further promotion of the internationalization of technological innovation，the globalization of economy and the trading of patent rights，the academia and practice circles abroad and domestic share a common concern regarding an important proposition，which is how to regulate“patent hold-up”by law and eliminate“tension and rift”between technological innovation and patent system.

Abiding by the theory of“innovation”，this book mainly takes American practice as the study sample and adopts some analytical methods，including ethnical analysis，jurisprudential economics analysis，comparative analysis and case study to systematically elaborate legal regulations of patent hold-up，especially the focus on how to regulate patent hold-up in China.The conclusion is that China's legal regulations for patent hold-up should be shaped in the context of National Innovation-Driven Strategy，holding onto innovative ideas as well as abiding by the principle of balance of interests，highlighting the industry interest and national interest，basing on improving legislation and judicature and administration.

The contents is divided into seven parts as follows：chapter 1 is about“Introduction：Prosperous Patent Hold-up—Patent Crisis Without by Chance”，which briefly introduces the research background，the theoretical value and practical significance of the study，the domestic and international research literature，etcetera；chapter 2 is about“Connotation of Patent Hold-up”.To define patent hold-up is the primary proposition of this research，which mainly sets forth the basic connotation，the typical features of patent hold-up，the causes of patent hold-up，the effects by patent hold-up，etcetera；chapter 3 is about“Theoretical Foundation for Legal Regulation of Patent Hold-up”，which argues the justification of patent hold-up from the perspectives of ethics，economics，management and the science of law；chapter 4 is about“Approaches to Legal Regulation of Patent Hold-up”，which focuses on the three paths for regulating patent hold-up；chapter 5 is about“Practices and Enlightenment of Legal Regulation on Patent Hold-up—Exampled as American Experience”，which gives a comprehensive description and interpretation of legislation，judicature and administrative law enforcement for regulating patent hold-up in the United States；chapter 6 is about“Legal Regulation of Patent Hold-up in China”，which puts forward suggestions for regulating patent hold-up in China from the three aspects，including the dimensions of concept and mode selection，as well as specific countermeasures through analyzing the background of legal regulations of patent hold-up and the existing problems；chapter 7 is about“Conclusion：The Declination of Patent Hold-up—Disenchantment and Enchantment of Patent Legal System”，which briefly summarizes the research conclusion.

Key words：patent right，patent hold-up，abuse of patent，regulation approaches，suggestions for perfection